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Retail & E-Commerce
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February 14, 2025
EPA, Energy Dept. Rush To Fulfill Trump's Appliance Order
The U.S. Environmental Protection Agency and U.S. Department of Energy said they're acting to comply with President Donald Trump's order — delivered via social media post — that they should undo Biden-era appliance efficiency standards.
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February 14, 2025
'Trump Too Small' Rejection Dooms Other Trump-Related TMs
The Trademark Trial and Appeal Board has rejected four applications from a New York man who wanted to register trademarks that referred to U.S. President Donald Trump in a negative context, saying that the U.S. Supreme Court's decision last year affirming the board's refusal to register "Trump Too Small" in another case foreclosed his First Amendment arguments.
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February 14, 2025
State Lawmakers Eye Tighter Restrictions On Hemp Products
Legislators in multiple states have introduced legislation aimed at regulating or restricting the manufacture and sale of products containing intoxicating cannabinoids derived or synthesized from federally lawful hemp.
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February 14, 2025
Farm Asks Judge To 'Please' Add $5M Interest To $32M Verdict
A cannabis farm is asking a Michigan federal judge to "please, please" award $5 million in prejudgment interest on a $31.8 million verdict reached last month in a contract dispute with Curaleaf units, saying the companies have refused to cooperate in post-judgment talks to resolve the issue.
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February 14, 2025
Michigan Pot Co. Can't Intervene In Rival's Licensing Suit
A Michigan federal judge won't let a Pontiac cannabis company intervene in a competitor's suit aiming to stop the city from issuing cannabis licenses.
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February 14, 2025
Illinois Vs. The Internet: IP Suits Over Online Sales Stir Debate
Brands have unleashed a torrent of lawsuits across the U.S. that group dozens of online sellers into a single complaint for allegedly peddling counterfeit products, with Chicago emerging as the preferred venue for the litigation and inspiring a local federal judge to declare it has become "Illinois vs. The Internet."
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February 14, 2025
Womble Bond Adds BakerHostetler Business Partner In Irvine
Womble Bond Dickinson has hired a former BakerHostetler partner, who joined the firm's business litigation practice group as a partner in Irvine, California.
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February 13, 2025
Kimberly-Clark, P&G Dodge Tampon Fraud Claims, For Now
A California federal judge on Thursday dismissed a woman's fraud claims accusing Kimberly-Clark and Procter & Gamble of touting their Tampax and Kotex tampons as safe despite containing toxic levels of lead, saying that the putative class actions she filed lacked details on tests she asserted discovered the lead.
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February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances
Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
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February 13, 2025
Apple Pushes DC Circ. To Intervene In Google Remedies Case
Apple has urged the D.C. Circuit to undo a district court order barring the company from intervening in the U.S. Justice Department's remedies case against Google, arguing it moved with all speed to step in when it saw a government proposal "designed to force Apple to develop its own general search engine."
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February 13, 2025
Walmart Says CFPB Suit Should Wait Amid Agency Chaos
Walmart and fintech company Branch Messenger Inc. asked a Minnesota federal judge to stay the Consumer Financial Protection Bureau's enforcement case over allegedly mandatory deposit accounts for delivery drivers until policymakers untangle the agency's role under the Trump administration.
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February 13, 2025
Chancery OKs Appraisal Suit Fix For Sears Damage Ruling
A Sears Hometown Stores investor that saw its Delaware Court of Chancery share appraisal suit tanked by the company's bankruptcy in 2019 won a $4.06 per share payout ruling Thursday in a Court of Chancery decision focused on fair price and full and incremental damage claims.
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February 13, 2025
Long-Term Zantac Use Raised Cancer Risks, Jury Hears
Chronic ranitidine ingestion was a factor in the development of prostate cancer in two men who are retrying their claims over the active ingredient in Boehringer Ingelheim's over-the-counter Zantac medication, the University of South Carolina's chief urologist testified in Illinois on Thursday.
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Buyer Seeks $3.5M Price Cut Over Bungled Conn. Mill Cleanup
A property developer has asked a Connecticut Superior Court judge to lower the purchase price of a polluted industrial site in Branford from $6 million to $2.5 million, saying the seller failed to develop legitimate remediation plans and breached a settlement agreement that ended prior litigation.
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February 13, 2025
Colo. Justices Won't Put City's Pot Question On April Ballot
The Colorado Supreme Court on Thursday denied a petition from Colorado Springs seeking to upend a state court decision removing from the April general election a ballot question to repeal an ordinance allowing retail cannabis sales in the city.
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February 13, 2025
Musk's $97B OpenAI Bid Dubbed A 'Stunt' Amid Other Rumors
After a Wall Street Journal report on Monday revealed that a consortium of investors led by Elon Musk was offering $97.4 billion to buy the nonprofit that controls OpenAI, rumors began to swirl regarding the true intentions behind the billionaire's bid.
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February 13, 2025
Musk Says He'll Drop OpenAI Bid If It Scraps 'For Profit' Plans
Elon Musk has hit back at OpenAI's claim that his $97.375 billion takeover bid is improper, noting if the ChatGPT maker agrees to nix plans to become a for-profit business, his offer will be dropped.
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February 13, 2025
Amazon Worker's $1.6M Fee Bid Slashed In Military Bias Suit
A Washington federal judge awarded an Amazon worker a fraction of the $1.6 million in attorney fees he requested in his recently settled suit claiming the company blocked him from promotions due to his military service, finding the outcome of the case didn't warrant an amount that high.
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February 13, 2025
Unlicensed Pot Shop To Pay $6M Judgment In NY AG Suit
New York Attorney General Letitia James announced Wednesday that a Kings County judge ordered an unlicensed cannabis shop to pay $6 million in a judgment finding that the shop had ignored orders from the Office of Cannabis Management and kept selling cannabis without a license.
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February 13, 2025
Travers, Foley Lead Steve Madden On £289M Kurt Geiger Deal
U.S. footwear and accessories brand Steve Madden, which was being guided by Travers Smith LLP and Foley & Lardner LLP, said Thursday that it plans to buy U.K. rival Kurt Geiger from a consortium led by the Cinven private equity group for £289 million ($361 million) to expand in international markets.
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February 12, 2025
OpenAI Says Musk Takeover Bid 'Exposes' Intent Behind Suit
OpenAI on Thursday told a California federal judge overseeing Elon Musk's lawsuit seeking to block OpenAI from becoming a for-profit enterprise that the Tesla founder has proposed acquiring OpenAI's business, saying the takeover effort reveals Musk's lawsuit to be "an improper bid to undermine a competitor."
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February 12, 2025
Blind Vendors Fight Dismissal Of Military Retailer Dispute
Vendors challenging a military retailer's alleged violation of a law requiring federal agencies to prioritize businesses owned by the blind have pushed back at a magistrate judge's recommendation to toss their suit, saying they shouldn't be made to exhaust administrative remedies first.
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February 12, 2025
Klarna Accused Of Intercepting Creators' Commissions
Online retail finance company Klarna Inc. got hit with a proposed class action by an internet content creator who claims the firm's automatic coupon-finding browser extension redirects customers who click creators' product affiliate links so that Klarna can take the referral commissions those creators depend on.
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February 12, 2025
11th Circ. Upholds Win For Smucker's In Worker's Bias Suit
The Eleventh Circuit on Wednesday affirmed a ruling freeing J.M. Smucker Co. and Big Heart Pet Brands from a technician's suit alleging she was unfairly held to a higher standard at work and punished more severely in regard to policy violations because she is a Black woman.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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How To Avoid Liability When Using Cookie Consent Managers
As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.